WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND

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A GUIDE FOR YOUTH AGES 16-21

PEAK’s 2016 Conference on Inclusive Education

YOUTH LEADERSHIP STRAND

peakparent.org

WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND

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SO…WHAT’S THE BIG DEAL?

If you are an advocate, it means that you stand up for someone or

something and defend this cause actively. When we are young,

we have parents, guardians, or family members to advocate for

us.

For example, when we are too young to order an ice cream cone,

a parent might ask for the cone for us. When we are too young to

write our own education plans, our parents meet with educators

and school members who are also advocates for us.

As we get older, we learn to become more independent from

these supports in our own ways. While this looks different for

each person, we all have one thing in common: As our own

advocates, we must find our voices and stand up for our rights.

Doing this is nearly impossible without building a solid knowledge

of what your rights are in the first place. Need a refresher or to

brush up on some more info? READ ON!

WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND

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THE MORE YOU KNOW…

Take this brief quiz to test your knowledge on IDEA and the ADA – two of the most important laws

regarding rights for individuals with disabilities. IDEA stands for the Individuals with Disabilities Education

Act.

1) IDEA helps people starting at…

a. Birth

b. Third Grade

c. High school

d. Graduation

2) Students who have special education services get…

a. A teacher who stays beside them all day

b. No extra support

c. An IEP (Individualized Education Program)

d. A planner

3) Special education gives you and your teachers…

a. Ideas to support you to succeed in school

b. Information about your strengths and interests (sports, hobbies, and activities!)

c. Reports from your teachers about your work in school

d. All of the above

4) You are not protected under the Americans with Disabilities Act if…

a. You don’t sign a paper

b. You don’t tell your employer about your disability or support need

c. You work in fast food jobs

d. You get fired from your job

5) The ADA provides…

a. Help for you to do your job

b. Extra money for people with disabilities

c. Help writing a resume

d. Help only for people with physical disabilities

6) It is illegal to choose not to hire someone because of a disability if they are able to do the job.

TRUE or FALSE

7) IDEA (special education) says that students should be away from their classmates. TRUE or

FALSE

8) Buildings in public must work for use for people with disabilities (for example, ramps, elevators,

and other things to help). TRUE or FALSE

9) Children can get support through IDEA, even before kindergarten or preschool. TRUE or FALSE

10) Websites like askjan.org give us great ideas to help people be successful at work. TRUE or

FALSE

WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND

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FIRST THINGS FIRST…A BRIGHT

“IDEA”!

We could spend ages on IDEA 2004…but here are some nuts and bolts you need to

know.

IDEA Part B provides special education services and regulations for students

with disabilities ages 3-21

IDEA Part C provides early intervention services and regulations for students

identified as eligible (developmental delay, etc.) from infancy to age 2

IDEA addresses many things you may have already run into over the years,

either for your own education or for a peer’s:

o Evaluation – Students with disabilities or those referred for evaluation for

an IEP must be tested by all relevant professionals (Occupational

Therapists, Learning Specialists, Speech Language Pathologists, School

Psychologists, Physical Therapists…and more!) so that schools can truly

know their needs and serve them best.

o Accommodations and Modifications – When a student has an IEP,

schools can do many things to support him or her in achieving success –

reading tests and quizzes out loud, giving a student preferred seating,

allowing for fidgets in classes, or providing extra time are just a few

examples!

o Discipline – Students can legally not be disciplined in school for

something directly related to their disability. This can be tricky to figure out

sometimes, which is why we have something called a manifestation

determination.

o Least Restrictive Environment – Inclusion is the name of the game

when it comes to IDEA! The “least restrictive environment”, or LRE, is the

place in which the student can participate most with peers in the general

education setting. Students must always be placed in the setting in which

they can have this at maximum while still accessing curriculum – learning

and growing!

o Free and Appropriate Public Education – Every student in the United

States is entitled to a Free and Appropriate Public Education (FAPE)! This

is something that cannot be taken away from you.

WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND

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WHAT DOES THIS MEAN FOR ME?

Remember how we talked about advocates?

YOU are your own biggest and best advocate! Learn and know your rights so you can

take your education into YOUR OWN HANDS!

A few key things to remember:

Know your IEP – make sure you are receiving all of your services and getting all

of the help you are entitled to in the document

Reach out – Accommodations and modifications are one of the most important

parts of the document. If you are supposed to be getting extra time on exams and

it is not being provided to you, ask for it! Work with your team to make sure your

needs are being met.

Attend – In order to truly be your own advocate, it is a great idea to start attending

your IEP meetings. Talk to your parents and teachers about the dates of these

meetings each year. Being there will help you to take control of your education and

get involved in the decision-making process.

Ask for help – If you need a teacher to slow down while lecturing in class, to

provide you with an extra copy of the Powerpoint, or to give you a little extra

support during lunch to grasp a key concept, ask for it! This is what teachers are

for.

Communicate – Connect with peers with and without IEPs to create social

relationships where you can learn more about your strengths and needs. Building

a strong community makes a great difference, no matter what.

Remember, nobody knows your needs better than you do. Through advocating for

yourself, you can EMPOWER your friends, family, and school support team to ensure

that you are successful.

NOW THAT’S A GOOD IDEA!

WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND

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WHAT ABOUT THE WORKPLACE?

After we exit school, what’s our next step? How do we know where to go from here?

This is why we have the ADA (Americans with Disabilities Act), enacted in 1990.

While the ADA is very different from IDEA, their purposes are ultimately the same – protecting

the rights of individuals with disabilities to access the community and function in life from

childhood to adulthood and beyond!

ADA is a complicated law, but here are the main ideas:

Employers are not legally allowed to discriminate against individuals with disabilities who

are “qualified” for the job – qualified meaning that they have the credentials and

experience to perform the job WITH or WITHOUT “reasonable accommodation.”

Reasonable accommodation includes adjustments that can be made to the job,

workspace, or required tasks in order to allow the person with the disability to perform

the duties required.

o An example of reasonable accommodation might be allowing someone with a

physical disability to perform a cashier’s job from a stool instead of standing

throughout the shift, giving short scheduled breaks for an individual with anxiety,

or allowing an employee to use text-to-speech support as needed.

These accommodations must be made unless they cause “undue hardship” for the

business or place of employment. This hardship is determined when finances, facilities,

sizes of staff, and other factors are taken into consideration.

Individuals are only protected by the ADA if they have disclosed their disability or

related accommodation needs to their employer.

Employers may not ask an individual if he or she has a disability before, during, or after

the hiring process, but only if he or she can perform specific tasks required for the job.

Public buildings and businesses must make their buildings and services accessible

for individuals with disabilities.

WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND

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THE “ADA” IN MY LIFE

This might seem like a pretty cool law, but it’s important to know how this actually

breaks down FOR YOU.

There are three major areas in which the ADA can impact you at this time in your life -

depending on your own unique path.

EMPLOYMENT

Remember that an employer cannot ask you about any kind of disability in a job

or job interview – only about whether you are able to perform the essential tasks

related to the job

Remember that you can request reasonable accommodations from your

employer as long as they do not cause undue hardship on the business – see

the next page for more ideas about accommodations.

Remember that you are not protected under the ADA unless you have disclosed

your disability to your employer!

ACCESS

Remember that public facilities must comply with ADA requirements for

accessible buildings and services

Remember that there are different rules for smaller, privately owned businesses

based on business size and the concept of undue hardship, like we learned

about before

HIGHER EDUCATION

Remember that colleges and universities have offices specifically created for

“disability services” where you can talk with counselors about accommodations to

help you remain successful in higher education

Remember that college facilities must be accessible and that emergency plans

must include accessible options

Remember that you are not protected by IDEA after you graduate from high

school or transition. The rules change! Talk with your local community college or

university about accommodations through Section 504 of the Rehabilitation Act

(a different law) or ADA.

WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND

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THE JOB ACCOMMODATION

NETWORK: “ASK JAN”

Website: www.askjan.org is a great resource for all of your accommodation questions

and needs!

askjan provides ideas for accommodations for anyone who discloses a disability

to an employer

For example:

Let’s check out askjan.com together. What are some accommodations you can think of

that might make a difference for you?

WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND

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SUMMING IT ALL UP

What does it mean to be your own advocate?

What might this look like in your persona, educational or professional life?

What lessons have you learned about legal protections that you can apply as you move forward?

Journal about these questions or the quote above before you share with a friend or the whole

group.

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